Legal notice
General terms and conditions of sale
Please read our general terms and conditions of sale (the "GTC") before using our Website www.milk-away.com.
The General Terms and Conditions of Business complement the Terms and Conditions of Use (the "UGC") and the Privacy Policy & Cookies
1. TERMINOLOGY
In these GTC, the terms :
We and our refer to the Milk Away company
You and yours refer to any non-trading natural person making the Order, and having full legal capacity
Order means the commitment to purchase all the Itemsselected by the Customer via the Website's e-commerce service.
Website means: www.milk-away.com
Item means any product of any kind for sale on the Website
2. GENERAL
The Website is an e-commerce type platform that allows you topurchase nursing clothes for women and clothes for men as well as gift cards. You can buy the items by ordering them via the platform.
The purpose of the GTC is to define and frame the terms and conditions of online sale of the items.
Important points:
- These GTC apply without restriction or reservation to all online sales offered by the Website.
- Any online purchase made on the Website is subject to prior knowledge and acceptance of these Terms and Conditions of Sale.
- The GTC shall prevail over any other general or special terms and conditions that we have not expressly agreed to.
- The GTC may evolve according to the regulations and changes on the Website. Only the GTC in force at the time of the conclusion of the contract will be enforceable against you.
3. COMPANY IDENTITY AND CONTACT
Milk Away is a limited liability company (SRL) with its registered office at the following address:
Chemin des Ornois 3, 1380 Lasne-Chapelle-Saint-Lambert, Belgium
For any queries or complaints, you can contact Aurélie and John directly:
- via our contact form
- by email at the following address: womum@milk-away.com
- by phone at +32 493 86 86 94 from Monday to Friday from 9am to 6pm and Saturday from 9am to 5pm.
4. ITEMS
On the Website, you can read the main characteristics of each Itemof interest before ordering.
We commit to describing the Items sold on the Website as accurately as possible.
TheItemsavailable for sale are those listed on the Website. Only the offers that are visible on the Website are valid. The Items offered are sold online within the limits of available stocks.
We reserve the right to withdraw from sale, at any time, any Item on the Website and/or to replace or modify any information associated with the Itemsappearing on this Website.
If one of theItemsin your Order is no longer available, you will be informed by e-mail of the cancellation and will be reimbursed as soon as possible, at the latest within 14 days following the cancellation of the Order .
For any additional questions regarding the Items, you can contact us under the conditions listed above.
5. PRICE
The prices of itemsare displayed on our Items pages.
Prices are indicated in euros, all taxes included in Europe*, excluding shipping costs. The amount of the shipping costs is specified on the Website before validation of the Order.
*In case of an Order outside Europe, customs duties and local taxes may apply. These will be at your expense.
We do not sell on a zero-rated basis.
Furthermore, we reserve the right to alter the prices of our items at any time, at our discretion. The prices of the applicable items will be those displayed on the Website on the day of the Order.
6. ORDER
Any Order implies an obligation of payment.
To order on our Website, you must be at least 18 years of age. If you are a minor, you must have parental authorisation to place your Order.
You may access the summary of your basket and correct any errors in the items entered at any time until the Order is definitively confirmed.
To place an Order :
- You must select theItem of your choice and click on "Add to Cart" or "Buy Now".
- Once you have selected the items, click on your shopping cart.
- If you wish to confirm your Order, click on "Pay".
- Fill in your delivery details and choose your delivery. Shipping costs will be calculated and added automatically to the price of your final basket. Click on "Continue to payment".
- Choose your payment method and change your billing address if it differs from your delivery address. Click on "Check Order" and proceed with the secure payment of your Order.This generates a distance selling contract between you and us.
Once your Order is completed, you will receive an email confirming your Order.
The Order is considered as received by the user when the user can access it.
Cancellation of your Order :
- If we discover the presence of an obvious error relating to one of our Itemsand/or the price (for example when a wrong price is displayed and/or when there is an error on one of the essential characteristics of theItem) ;
- If the Item is no longer available as previously discussed in point 4;
- If there is a dispute regarding the payment of your Order ;
- If we find fraudulent use of our benefits and/or our referral program ;
- If we notice the creation of several accounts for a single user.
- If we have good reason to believe that you intend to resell the Items.
We then reserve the right to take all necessary measures to stop such irregularities (e.g. blocking or deleting the account/user).
7. PAYMENT
Means of payment
For an Order to be delivered to you, it must be paid in full.
Payment is made online by credit card or via Paypal, Apple Pay, Google Pay and Shop Pay. The following credit cards are accepted: Visa / CB / Bancontact Maestro / Mastercard and American Express.
The Order shall be considered final after confirmation of the agreement of the bank payment centres.
Secure payment
All your purchase transactions take place in a strict framework of confidentiality and encryption thanks to the SSL protocol. We do not have access to your bank details and do not store them on our servers.
Nevertheless, if you wish, your credit card data can be kept securely by our partner banking institutions in order to be used for your next payments on the Website.
To do so, simply check the box "Save my data to make payments quickly" when making the payment. You can request the deletion of a registered credit card via our email address: womum@milk-away.com We will relay your request to our partner banks.
Gift vouchers
Gift A'way gift certificates are discount vouchers that you can buy. They can be used when purchasing items. You can pay any difference between the amount of the Gift Voucher and the price of your Order by any of the payment methods offered above. If the value of your Gift Voucher is greater than the total amount of your Order, the difference will be credited to your Gift Voucher Account.
Gift vouchers do not earn interest and cannot be redeemed, even when you make use of your legal right of withdrawal.
8. DELIVERY
We deliver all over Europe and beyond.
The delivery is made to the address indicated at the time of the finalisation of your Order.
As much as possible, we try to deliver all the items you have ordered at the same time. We reserve the right to split the delivery of your Order (for example, if part of your Order is delayed or unavailable). You will then be informed by email. You will not be charged for any additional delivery costs.
Depending on your location, several delivery methods will be available. These will be suggested when you reach the final basket. Shipping costs will be calculated and added automatically to the price of your final basket.
You can either be delivered to your home or to a drop-off location of your choice.
If you are not present at the time of home delivery, the carrier in charge of the delivery of your Order will inform you of the terms and conditions for the recovery of your Order via a delivery notice.
Delivery times are given as an indication.
For more information on average delivery times and costs, please see our shipping policy.
9. RETURN & WITHDRAWAL DEADLINE
You have a period of 14 working days to exercise your right of withdrawal from receipt of the Items. Any withdrawal made after the 14-day period will not be accepted.
If you wish to exercise your right of withdrawal - before the expiry of the above mentioned time-frame - you can do so either by sending an email to womum@milk-away.com or via our contact form, by selecting 'Cancellation & Return'. The email must include your explicit wish to retract, the order number and the reason for your return. We undertake to send you, without delay, an acknowledgement of receipt.
After having notified your withdrawal in accordance with these stipulations, you have a period of 14 days from notification to return the Item(s) to us.
Procedure for returning the Item(s):
- Send us an email to the email address: womum@milk-away.com OR contact us via our contact form. The email must include your explicit wish to retract, the order number and the reason for your return.
- Prepare your package by repackaging the Item(s) with their original label(s) in their original packaging or a packaging that guarantees an equivalent protection and place the return slip inside.
- Drop your parcel off at a post office or at a shipping location to the following address:
Please note that, if the Items are damaged* when returned, you will be held responsible and a refund will not be possible.
*traces of make-up, deodorant, sweat, perfume, cooking odours or stains.
The right of withdrawal gives rise to a refund of the sums paid at the latest 14 days from receipt of the package. This period may be extended until the day of receipt of your package if you are unable to provide us with proof of shipment of your items.
The refund will be made via the payment method used.
10. WARRANTIES
All our Items are subject to legal guarantees, namely the legal guarantee of conformity and the guarantee of hidden defects.
| Legal guarantee of conformity | Hidden defects guarantee |
|
applies when the Item delivered to you has a defect, is non-conform or is damaged . The legal guarantee lasts 24 months, starting from the date of delivery. |
covers you when the Item contains a defect, which is not apparent at the time of sale and which renders the Item unfit for use or which greatly reduces usage
|
If you see that the Item presents a defect or a hidden defect, we will obviously find a solution.
Before taking any necessary steps, we ask you to send us your Order number and clear, precise and visible photos of the defect.s Article.s concerned.s.
Let us know which solution you prefer: exchange or refund. If it is not possible to replace the Item, we will provide a refund as soon as possible* for the full price paid for the Item and corresponding delivery costs.
* at the latest, within 14 days of the date on which we informed you that we are unable to replace the Item.
You will then receive a return label from us, which you can use to send us l the item concerned. If you have opted for a refund, include a note with your bank account number in your parcel so that we can proceed with the refund once we have carried out the necessary checks.
NB: All Items must be returned in their original condition as mentioned in point 9 Returns.
The guarantee excludes
11 . ACCOUNT CREATION & MANAGEMENT
You can create your customer area without placing an order.
However, if you wish to become a member and access our event sales, you must create an account.
Your account allows you at any time :
- to have access to our event sales;
- to check, modify and update your personal information such as your means of payment ;
- to track your current Orders.
When creating an account, the following information is requested: first name, last name, email address and password. A confirmation email is then sent to the email address provided to activate the account.
Access to your account is for your personal use only. That is why your password must remain confidential and must not be shared. In case of suspicion that your account is being used by a third party, inform us immediately so that we can either change your password and/or choose to close your account.
You agree to create and use a single account. If this is not the case and multiple accounts are created and used, we reserve the right to close fraudulent accounts and cancel pending Orders.
You can delete your account at any time by clicking on the " Delete my account " section. Unsubscription is immediate.
We reserve the right to delete accounts that have been inactive for a continuous period of 36 months.
Data and contracts will only be kept for legal reasons.
12. RESPONSIBILITY
We shall not be held responsible for any non-performance or delay in the execution of Orders caused by events beyond our control considered to be force majeure.
Force majeure is an external, unforeseeable and irreversible event.
Force majeure includes:
- Strikes, closures or other industrial action.
- Civil unrest, riots, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
- Fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters.
- Impossibility to use rail, boat, air, road or other private or public means of transport.
- Impossibility to use public and private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government.
- Strikes, failure or accidents in maritime, postal or other means of transport.
Implementation of the GTC will be suspended for the duration of the case of force majeure. Nevertheless, we will do our utmost to find a solution that will enable us to fulfil our contractual obligations despite the force majeure.
13. CLAIMS
Long legal proceedings are not useful for anyone. In the event of a dispute, we will commit to finding an amicable solution.
Any complaints can be sent directly to Aurélie and John at the following address: womum@milk-away.com.
We will endeavour to deal with your complaint within 5 working days of receipt. In the event that we are unable to resolve the complaint immediately, we will inform you of the time likely to be required to resolve the complaint and we will keep you informed of any investigation.
All agreements that we enter into, regardless of place of residence, are governed exclusively by Belgian law. In the event of a dispute, only Belgian courts will be competent.
If, for reasons of international law, another law applies, in the interpretation of the current general terms and conditions, Belgian law will be used in the first instance on market practices and consumer protection.
In the event of a dispute of a cross-border nature, the European Commission has set up an online dispute resolution platform. The platform can be accessed at the following link http://ec.europa.eu/odr
14. INTELLECTUAL PROPERTY
We are the exclusive owner of the intellectual property rights on the following; this list is not exhaustive:
- On the Items offered on the website.
- Architecture of the Website: its arborescence, the organisation of the sections, the visual and graphic identity, its design, its ergonomics, its functionalities, texts, animated or still images, sounds, know-how, drawings, graphics and any other element composing the Website.
- Names, acronyms, logos, colours, graphics.
- We are the exclusive owner of the domain name " https://www.milk-away.com ".
You may access, copy, download and print the content of the Website for your personal, non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notices appearing in the content of the Website. Any other use of the content of the Website is strictly prohibited.
